13-35-205 - Liability for damages to motor vehicles in transit -- Disclosure required.
13-35-205. Liability for damages to motor vehicles in transit -- Disclosure required.
(1) (a) A franchisee is solely liable for damage to a new powersport vehicle after deliveryby and acceptance from the carrier.
(b) A delivery receipt or bill of lading, or similar document, signed by a franchisee isevidence of a franchisee's acceptance of a new powersport vehicle.
(2) A franchisor is liable for all damage to a powersport vehicle before delivery to andacceptance by the franchisee, including that time in which the vehicle is in the control of a carrieror transporter.
(3) A franchisor shall disclose to the franchisee any repairs made prior to delivery, only ifthe cost of the repair exceeds 3% of the manufacturer's wholesale price, as measured by retailrepair costs.
(4) Notwithstanding Subsections (1), (2), and (3), the franchisee is liable for damage to anew powersport vehicle after delivery to the carrier or transporter if the franchisee selected:
(a) the method and mode of transportation; and
(b) the carrier or transporter.
Enacted by Chapter 234, 2002 General Session